Amgt 2018 CDBG CSA Rebuilding Together Oakland East Bay 3472

Home

4] Schedule of Performance. Consultant shall commence, prosecute and complete the project within the time periods established in the "Scope of Work" (Exhibit "A"). 42 Reversion of Assets. Upon the expiration or sooner termination of this Agreement, Consultant shall (i) transfer to City any and all CDBG Funds and program income on hand, (ii) any accountsreceivable attributable to the use of CDBG Funds or program income; and (iii) if any CDBG Funds or program income was used by Consultant to improve or acquire real property and said CDBG Funds or program income was in excess of Twenty -Five Thousand Dollars ($25,000), Consultant shall either (a) use said real property to meet one of the national objectives specified in 24 CFR Section 570.208 for a period of five (5) years after the termination or sooner expiration of this Agreement or (b) dispose of the real property and reimburse City in an amount (together with any amounts previously repaid to City) that is equal to the fair market value of the real property times a fraction, the numerator of which is equal to the amount of CDBG funds and/or other program income used to acquire or improve the property and denominator of which is equal to the fair market value of the real property immediately after the veo| property was acquired or improved with said funds. 51 Representative of Consultant. Director for Consultant is hereby designated as being the representative of Consultant authorized to act in its behalf with respect to this Agreement and make all decisions in connection therewith. 5.2 Contract Officer. Contract Officer shall be the City's CDBG Manager orsuch person as may be designated bvthe City Manager. It shall be Consultant's responsibility to assure that Contract Officer is kept informed ofthe progress ofthe performance Vfthe services and Consultant shall refer any decisions that must bomade byCity to Contract Officer. Unless otherwise specified herain, any appnaxo| of City required hereunder shall mean the approval of Contract Officer, who shall have authority to sign all documents on behalf ofCity required hereunder to carry out the terms ofthis Agreement. 5.3 Prohibition Against Subcontracting wyAssignment. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, msubstantial inducement to City to entering into this Agreement was and is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be tnaneferved, meoigned, conwayed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit ofcreditors orotherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. Consultant aho|| also not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of City. In the event of any such unapproved transfer or subcontracting, including any bankruptcy proceeding, this Agreement ehe|| be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent ofCity. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except aeotherwise set forth herein. City shall have novoice inthe selection, discharge, supervision orcontrol ofConsultant's ennp|oyeea, aemantm, representatives or agenta, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with the role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents oremployees ofCity. Oh/ shall not in any way orfor any purpose become or be deemed to be a partner ofConsultant in its business or otherwise of joint venture or member nfany joint enterprise with Consultant. -7 cDBoConsulting Services Agreement